This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, this book seeks to understand the scope and reach of these issues, nationally, regionally and globally.
Africa’s Role and Contribution to International Criminal Justice engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. A range of topical issues are examined by the contributors, such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how courts function and should function in dealing with these issues. The ideas, themes, institutions, practices, concepts and patterns of convergence of criminal justice systems in Africa are also explored.
This book aims to establish a greater understanding of international criminal justice and its relation to Africa, and beyond. Further, it seeks to expand the conversation beyond the narrow topics that are so commonly discussed when matters of African criminal justice are considered.
PROF DR JEREMY SARKIN is Distinguished Visiting Professor of Law at Nova University of Lisbon (Portugal) and Research Fellow at the University of the Free State (South Africa).
DR ELLAH T.M. SIANG’ANDU is Lecturer and Post-Doctoral Fellow at the University of Zambia and Research Fellow at the Southern African Institute for Policy and Research (SAIPAR).
Introduction: Understanding the Meaning, Context, Role and Importance of African Criminal Justice on the Continent and Beyond (p. 1)Ellah T.M. Siang'andu
Types of International Criminal Courts in Africa (p. 25)
The Extraordinary African Chambers in the Senegalese Courts and the Development of International Criminal Law in Africa (p. 53)
The Nuremberg Principles in the Context of Africa: The Theory and Practice of Individual and Corporate Criminal Responsibility (p. 113)
The Application of Universal Jurisdiction in Africa (p. 137)
African Victims of Mass Atrocities Before Domestic Jurisdictions and the International Criminal Courts: Bargaining for Justice (p. 155)
The Role of the International Criminal Court in Africa: The Epic Fails? (p. 191)
Is the African Court on Human and Peoples' Rights with Criminal Jurisdiction an African Solution to an African Problem? (p. 225)
Head of State Immunity in the African Context (p. 259)
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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